Texas 33 06 Form in PDF Modify Texas 33 06 Here

Texas 33 06 Form in PDF

The Texas 33.06 form is a Tax Deferral Affidavit for homeowners age 65 or over, disabled homeowners, which allows them to postpone paying delinquent property taxes on their homestead. By filing this affidavit with their appraisal district, qualified homeowners can defer tax payments on their homestead for as long as they own and live in it. This deferral covers delinquent property taxes for all taxing units that tax the home, ensuring homeowners can maintain their residence without the immediate burden of outstanding taxes.

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In the heart of Texas' efforts to support its older or disabled homeowners, the Texas 33.06 form represents a crucial tool in ensuring that these groups have the means to postpone paying delinquent property taxes on their homes. Tailored specifically for homeowners who are either 65 or older, disabled, or a surviving spouse over 55 of a deceased person who had previously availed of this deferment, this form outlines a process to legally defer, or postpone, property tax payments. Once filed with the Harris County Appraisal District Exemption Center, the deferral applies to all overdue property taxes levied by any taxing unit on the home. While this provides a temporary relief by postponing the payment of property taxes without canceling the owed amount, the deferred amount accrues interest at an annual rate of 8%. Importantly, the relief ends when the homeowner no longer owns or occupies the home, at which point all deferred taxes, along with penalties and interest, become due. Additionally, the form emphasizes the need for personal identification to comply with tax laws and maintain confidentiality, tying into broader legal requirements for tax deferral affidavits in Texas. Through this form, Texas thereby offers a compassionate option for its older and disabled residents, albeit with conditions and future financial implications that necessitate careful consideration by applicants.

Texas 33 06 Sample

Harris County Appraisal District Exemption Center

P. O. Box 922012

Houston, Texas 77292-2012 (713) 957-7800

Form 33.06 (01/13)

Tax Deferral Affidavit

Over-65 Homestead or Disabled Homeowner

Account Number:

Tax Year:

If you are a homeowner age 65 or over or disabled, you can defer, or postpone, paying delinquent property taxes on your homestead for as long as you own it and live in it. To postpone your tax payments, file a tax deferral affidavit with your appraisal district. The deferral applies to delinquent property taxes for all of the taxing units that tax your home.

*NEWHS124*

You should be aware that a tax deferral only postpones payments, it does not cancel them. Interest will be added at the rate of 8% annually. Once you no longer own your home or live in it, all the taxes, penalties, and interest become due after 180 days and the taxing units may proceed with a lawsuit to collect delinquent taxes if the taxes remain unpaid.

Owner's Name

Account Number

Telephone Number (area code and number)

Owner's Date of Birth (attach proof of age*)

*NOTE: You are required to give us a driver's license, personal I.D. certificate, or social security number on this form, in order to perform tax related functions for this office. Section 11.43 of the Tax Code authorizes this office to request this information to determine tax compliance. The chief appraiser is required to keep the information confidential and not open to public inspection, except to appraisal office employees who appraise property and as authorized by Section 11.48(b), Tax Code.

THE STATE OF TEXAS

COUNTY OF

Before me, the undersigned authority, on this day personally appeared

 

,

known to me and who, being by me duly sworn on oath deposed and said:

"My name is

I am 65 years of age or older, disabled, or an over-55 surviving spouse of a deceased person who was receiving a

deferral on this homestead at the time of death, and I own and occupy as my residence homestead the following property:

Legal Description:

Property Address:

I hereby exercise my right under Section 33.06, Texas Property Tax Code, to defer or abate any suit or pending sale** to

collect taxes on this property until such time as it ceases to be my residence homestead."

SUBSCRIBED AND SWORN TO before me this the

 

 

 

day of

 

 

 

,

 

.

 

 

 

 

 

 

 

 

 

 

 

 

Signature of Affiant

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notary Public, State of Texas

 

 

 

 

(seal)

My commission Expires

**NOTE: To abate a pending sale, the homeowner (or agent) must deliver this affidavit to the chief appraiser, to the tax collector for the taxing unit that requested the order of sale or the attorney representing the taxing unit for collecting delinquent taxes and also to the officer charged with selling the property not later than the fifth day before the sale date.

If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10.

File Characteristics

Fact Name Description
Eligibility Homeowners age 65 or over or disabled are eligible to file a Tax Deferral Affidavit to postpone paying delinquent property taxes on their homestead.
Governing Law The Tax Deferral Affidavit is governed by Section 33.06 of the Texas Property Tax Code.
Interest Rate Interest is added to the deferred taxes at a rate of 8% annually until the taxes are paid.
Required Identification Applicants must provide a driver's license, personal ID certificate, or social security number as authorized by Section 11.43 of the Tax Code.
Consequences of False Statement Providing a false statement on the Tax Deferral Affidavit may result in charges of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10.

Detailed Guide for Writing Texas 33 06

Filing a Tax Deferral Affidavit in Texas, specifically the Form 33.06, is a crucial step for homeowners who are 65 or older or disabled. This process postpones the payment of delinquent property taxes on your homestead. It's important to follow each step carefully to ensure the affidavit is completed accurately. Postponing tax payments means that while the current balance owed will not increase due to late fees, interest at a rate of 8% annually will accrue. It’s also essential to remember that once the property is no longer the homeowner's primary residence, the deferred taxes, plus interest and any penalties, will be due 180 days later. Failure to pay can lead to legal action to collect the outstanding taxes.

  1. Write the owner’s name exactly as listed on the property records.
  2. Enter the account number associated with the property. This is a unique identifier used by the tax office.
  3. Fill in the telephone number, including the area code, to ensure the tax office can contact you if needed.
  4. Provide the owner's date of birth. Attach a photocopy of proof of age, such as a driver’s license, personal I.D. certificate, or social security number. This document is necessary to verify eligibility for the tax deferral.
  5. Check the appropriate box to indicate whether the owner is 65 years of age or older, disabled, or an over-55 surviving spouse of a deceased person who was receiving a deferral on this homestead at the time of their death.
  6. Describe the property by its legal description and property address. These details are crucial for identifying the property in tax records.
  7. State your intent to defer tax payments by exercising your rights under Section 33.06, Texas Property Tax Code, acknowledging that taxes will be deferred until the property ceases to be your primary residence.
  8. Sign and date the form in front of a Notary Public. The signature of the affiant (the person making the affidavit) is a mandatory step to validate the document.
  9. The Notary Public will then sign, date, and seal the form, finalizing the validation process. Make sure the notary indicates when their commission expires.
  10. To abate a pending sale, deliver the affidavit to the appropriate parties as indicated in the instructions no later than five days before the sale date.

Upon completing and submitting Form 33.06, double-check that all provided information is correct and that all required documents are attached. Avoiding errors helps prevent delays in the processing of your tax deferral affidavit. Remember, providing false information on this form is a serious offense that could lead to legal consequences.

Common Questions

What is a Texas 33.06 Form?

The Texas 33.06 form is a Tax Deferral Affidavit for homeowners who are 65 years or older, or for those who are disabled. It allows eligible homeowners to defer paying delinquent property taxes on their homestead for as long as they own and live in it. This form must be filed with your local appraisal district to postpone your tax payments.

Who is eligible for a tax deferral using Form 33.06?

Eligibility for a tax deferral using Form 33.06 includes homeowners who are:

  • 65 years of age or older.
  • Disabled.
  • Over-55 surviving spouses of a deceased person who was receiving a deferral on this homestead at the time of death.

Eligible homeowners must also own and occupy the property as their residence homestead.

What does the tax deferral cover?

The tax deferral covers delinquent property taxes for all taxing units that tax your home. It’s important to understand that while this deferral postpones payments, it does not cancel them. Interest will be added at an annual rate of 8%.

What happens after the homeowner no longer owns the home or lives in it?

Once the homeowner no longer owns the home or lives in it, all taxes, penalties, and interest become due 180 days afterwards. If these taxes remain unpaid, taxing units may proceed with a lawsuit to collect the delinquent taxes.

Are there any requirements for documentation to prove age or disability?

Yes, homeowners are required to provide proof of age or disability when filing Form 33.06. Acceptable documents include a driver’s license, personal I.D. certificate, or social security number. This information is used to verify tax compliance and is kept confidential, with limited exceptions.

What should be done to abate a pending sale for tax collection?

To abate a pending sale for tax collection, the homeowner or their agent must deliver the Tax Deferral Affidavit (Form 33.06) to several parties:

  1. The chief appraiser.
  2. The tax collector for the taxing unit requesting the order of sale.
  3. The attorney representing the taxing unit for collecting delinquent taxes.
  4. The officer charged with selling the property.

This must be done not later than the fifth day before the sale date to effectively postpone the collection efforts.

Common mistakes

Filling out the Texas 33.06 form requires attention to detail and an understanding of specific requirements. Unfortunately, people sometimes make common mistakes during this process. Here are the six of these errors:

  1. Not providing proof of age or disability. It's crucial to attach the necessary documentation to prove eligibility, such as proof of age or disability status.
  2. Omitting required personal identification information. The form specifically requests a driver's license, personal I.D. certificate, or social security number. Forgetting to include this information can lead to processing delays.
  3. Neglecting to include the legal description of the property. A precise legal description is necessary for identifying the property in question. When this is left out, it could cause confusion or misidentification of the property.
  4. Forgetting to sign and date the form. An unsigned or undated form is considered incomplete and will not be processed until corrected.
  5. Failing to file the affidavit with the correct authorities. The affidavit needs to be delivered not only to the chief appraiser but also to the tax collector for the taxing unit requesting the sale or the attorney representing the taxing unit, as well as the officer charged with selling the property.
  6. Making a false statement. Any false statements on the application can result in criminal charges, including a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10.

When individuals avoid these common mistakes, the process of applying for a property tax deferral becomes smoother and can be completed more successfully. It's important to review the form carefully, provide all requested information, and ensure the form's accurate completion before submission.

Documents used along the form

When handling property and tax-related matters in Texas, especially involving the Texas 33.06 form, which pertains to tax deferral for homeowners over 65 or those who are disabled, it's important to be aware of various other documents and forms that might be needed in the process. These serve to ensure compliance, provide necessary information, and facilitate various legal and procedural requirements.

  • Homestead Exemption Application: Filed to receive a homestead exemption, reducing the property tax burden for qualified homeowners.
  • Notice of Protest: Used by property owners who wish to contest the appraisal district's valuation of their property.
  • Appointment of Agent for Property Tax Matters: Authorizes another person to act on the homeowner's behalf in property tax matters.
  • Affidavit of Heirship: Employed to establish ownership of property when the original owner dies without a will.
  • Request for Confidentiality: Filed to keep certain personal information confidential on public tax records.
  • Tax Certificate: Provides the status of the property tax payments and is often used in real estate transactions.
  • Application for 1-d-1 (Open-Space) Agricultural Appraisal: Used when seeking an agricultural assessment on property to lower tax liability based on its agricultural use rather than market value.
  • Correction Request: Filed if there are errors on property tax records that need to be corrected.
  • Ownership History Report: Provides a history of owners for a property, useful for title searches and resolving disputes.
  • Property Tax Payment Plan Agreement: Established for taxpayers wishing to make installment payments on their property taxes.

Each of these documents plays a crucial role in managing, contesting, or understanding property taxes and exemptions in Texas. Homeowners and agents should familiarize themselves with these forms to ensure proper management of their property tax responsibilities and benefits. Ensuring that the correct forms are filled out and submitted timely can prevent legal issues and ensure property owners take full advantage of available exemptions and deferrals.

Similar forms

The Homestead Exemption application, similar to the Texas Form 33.06, offers homeowners a way to reduce their property taxes by acknowledging the property as their primary residence. While Form 33.06 allows individuals over 65 or with disabilities to defer property taxes, the Homestead Exemption directly lowers the taxable value of the home, leading to lower annual property tax obligations. Both forms serve to alleviate the financial burden on eligible homeowners, yet they do so through different mechanisms aimed at providing tax relief.

The Disabled Veteran’s Exemption, akin to the contents of Form 33.06, is designed to offer tax relief to disabled veterans by reducing or completely eliminating property taxes on their homes. This exemption, like Form 33.06, recognizes the special circumstances faced by individuals—albeit focusing on those who have served in the military and are living with disabilities. The core similarity is their purpose: to lessen the property tax load, with the degree of relief varying based on the disability rating.

The Application for Residential Homestead Exemption also mirrors aspects of the Texas Form 33.06, with both applications focusing on residential properties. While Form 33.06 is tailored specifically for older homeowners or those with disabilities seeking to defer property taxes, the Homestead Exemption targets a wider audience, offering tax reductions for residential property owners. Both forms ultimately aim to protect homeowners by ensuring their primary residences are safeguarded against high taxes.

Property Tax Abatement Agreement forms share common ground with Form 33.06, as both involve property tax relief strategies. While Form 33.06 defers property taxes for qualified individuals, tax abatement agreements involve reducing or eliminating taxes to encourage development or redevelopment in certain areas. Despite targeting different beneficiaries—individual homeowners versus developers or businesses—both documents facilitate economic relief through tax incentives.

The Property Tax Protest form contrasts with Form 33.06 by disputing the appraisal district's assessed value of a property as opposed to deferring tax payments. Owners use the protest form when they believe their property’s appraised value is inaccurately high, potentially leading to reduced taxes if their protest succeeds. Yet, both the protest form and Form 33.06 embody homeowners’ rights to seek fair property tax assessments and payments.

Senior Citizens Tax Deferral forms, much like Texas Form 33.06, cater specifically to the elderly, allowing those who qualify by age to delay their property tax payments. These deferrals are crucial for seniors on fixed incomes, offering a financial reprieve by postponing taxes until the property is sold or the homeowner’s death. Both forms recognize the unique financial challenges faced by older citizens and provide a means to ease the strain of property taxes.

The Agricultural Tax Exemption form parallels the Texas Form 33.06 by offering tax relief, though focusing on land used for agricultural purposes rather than deferring taxes on a residence based on age or disability. This exemption reduces the taxable value of land under cultivation, grazing, or used for other agricultural activities, lowering property taxes similar to how Form 33.06 defers them for qualifying homeowners. Both documents thus promote tax relief but cater to distinct property types and owner circumstances.

Dos and Don'ts

When completing the Texas 33.06 form for a Tax Deferral Affidavit for Over-65 Homestead or Disabled Homeowner, there are specific dos and don'ts to ensure the process is smooth and successful. Here is a comprehensive list that can guide you through this procedure:

  • Do ensure that you meet the eligibility requirements (age 65 or over, disabled, or an over-55 surviving spouse of a deceased person who was receiving a deferral) before you start filling out the form.
  • Do include accurate contact information, including your telephone number and area code, to facilitate easy communication.
  • Do attach proof of age as required by the form. Acceptable documents include a driver's license, personal ID certificate, or social security number.
  • Do carefully read through the form to understand the implications of a tax deferral, including the accrual of 8% interest annually.
  • Do sign and date the affidavit, as this is a critical step to make the document legally binding.
  • Don't forget to deliver the affidavit to the chief appraiser, tax collector, or attorney representing the taxing unit, especially if there is a pending sale of the property. Timing is crucial, so this needs to be done not later than the fifth day before the sale date.
  • Don't leave out any required sections incomplete. Each section provides vital information for processing your deferral.
  • Don't hesitate to contact the Harris County Appraisal District if you have questions or require clarification on any part of the form.
  • Don't make false statements on the application. Doing so could result in severe legal consequences, including being found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10.

Following these guidelines can help ensure that your tax deferral application is compliant and processed without unnecessary delays. Remember, this deferral does not waive the taxes owed but postpones their payment. It is also essential to stay informed of any changes in your eligibility status to avoid future complications.

Misconceptions

When it comes to the Texas Form 33.06—Tax Deferral Affidavit for Over-65 or Disabled Homeowner, there are a number of misunderstandings that can cloud the benefits and responsibilities it entails. Below are nine common misconceptions about this form and its use.

  • Misconception 1: Filing a Tax Deferral Affidavit completely eliminates property taxes for eligible homeowners. In truth, the affidavit does not erase property taxes; it postpones their payment until the property is no longer the homeowner's primary residence.
  • Misconception 2: Interest is waived during the deferral period. Actually, an 8% annual interest rate applies to the deferred taxes, which accumulates until the taxes are paid or the property changes ownership or is no longer the primary residence of the owner.
  • Misconception 3: The deferral is automatic upon reaching the age of 65 or becoming disabled. Homeowners must file the affidavit with their appraisal district to activate the deferral. It is not granted automatically.
  • Misconception 4: All property taxes are deferred. The deferral applies only to the homestead of the eligible homeowner and does not extend to other properties they may own.
  • Misconception 5: The tax deferral affects the homeowner's credit score. Since the deferral is a legal right for those who qualify, it does not directly impact a homeowner's credit score. However, the accumulation of debt could potentially affect future credit decisions by lenders.
  • Misconception 6: Filing the affidavit is a complicated process that requires a lawyer. The process has been simplified to ensure that eligible homeowners can file without the need for professional legal assistance, although consulting with a professional can be beneficial to understand all implications fully.
  • Misconception 7: Once approved, the deferral applies to future property purchases. The deferral only applies to the specific homestead declared in the affidavit and does not automatically transfer to a new property if the homeowner relocates.
  • Misconception 8: The affidavit protects the property from all forms of collection activity. While the deferral is in effect, taxing units may not proceed with a lawsuit to collect delinquent taxes, but the affidavit must be timely delivered to prevent the sale of the property for tax purposes.
  • Misconception 9: There are no consequences for falsely claiming a deferral. Making a false statement on the application is a serious offense, potentially resulting in misdemeanor or felony charges under the Texas Penal Code.

Understanding these misconceptions is crucial for homeowners who are considering or currently have a deferral in place. It ensures they are fully informed about their rights and responsibilities under the Texas Property Tax Code.

Key takeaways

Understanding the Texas Form 33.06 is crucial for homeowners who are 65 years of age or older, disabled, or the over-55 surviving spouse of a deceased person who was receiving a deferral on their homestead at the time of death. This form allows for the deferral of property taxes to support those who qualify under these conditions. Below are some key takeaways about filling out and using this form:

  • The purpose of Form 33.06 is to enable eligible homeowners to defer or postpone the payment of delinquent property taxes on their homestead.
  • Eligibility for the tax deferral is extended to homeowners who are either 65 years of age or older, disabled, or are an over-55 surviving spouse of a deceased person who was already receiving a tax deferral.
  • To activate the deferral, the homeowner must file a tax deferral affidavit with the appraisal district of the county where the property is located.
  • It's important to note that the deferral applies to all delinquent property taxes associated with the taxing units that tax the home, not just a portion.
  • Although this deferral postpones the payment of taxes, it does not forgive them; an annual interest rate of 8% is added to the deferred amount.
  • The deferred taxes, along with any penalties and interest, become due 180 days after the homeowner no longer owns or occupies the property as their homestead.
  • To legally defer tax payments, the homeowner, or an authorized agent, must provide specific information on the form, including proof of age or disability and identification details as required by Section 11.43 of the Tax Code.
  • A false statement on the Texas Form 33.06 could result in serious legal consequences, classified as either a Class A misdemeanor or a state jail felony under the Texas Penal Code Section 37.10.

Completion and submission of this form provide a financial reprieve by delaying the immediate need to pay property taxes for those who qualify. However, homeowners should be fully aware of the terms, including the accumulation of interest and the eventual repayment obligation. Properly navigating the process can offer substantial relief to eligible individuals, ensuring they remain informed and compliant with Texas law while benefiting from the deferral option.

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